How Judge’s Assess Witness Credibility

Judge’s Assessment of Witness Credibility Any trial lawyer will attest that one can have the best court case in the world, but if the trier of fact does not believe your witnesses, then it is a foregone conclusion that the trial will be lost. I… Read more

Dying Intestate With No Next of Kin Will Escheat

Many people mistakenly believe that if a person dies intestate(without a will), then the estate goes to the government.This is not the case as the provision of the Estate Administration act before deaths occurring March 31,2014 and WESA thereafter,  will prevail with an intestacy formula… Read more

Court Declines to Order Two Consolidated Actions For Trial

Consolidated Actions For Trial Suzuki v. DeValone, 2013 BCSC 632 was an appeal from a Masters decision who declined to order two separate actions to be consolidated for trial. The BCSC, Justice Bowden agreed and dismissed the appeal [21] In my view, the learned master… Read more

Contract Void For Mutual Mistake

Mutual mistake may void a contract. The law of mutual mistake is set out in Bell v. Lever Bros., [ 1932] A.C. 161, and Dyson v. Moser, 2003 BCSC 1720. A contract will be void from the start for mistake if a mistake by both… Read more

Re Opening a Completed Trial

On rare occasions a trial that has been completed and judgement rendered, may be re opened. Moradkhan v. Mofidi, 2013 BCCA 132 deals with the BC Court of Appeal dealing with the legal issue of when it may be appropriate, or not, for a trial… Read more

Credibility Is Everything In a Lawsuit

Credibility-Every trial lawyer can tell you how he or she had a great case, except the #%~|\#* Judge did not believe a word your client said! It often comes down to who a Judge believes and accepts as a credible witness, as opposed to the… Read more

The Law of Set-Off – “I Don’t Owe You Because You Owe Me”

The Court of Appeal reviewed the law of set-off in Wilson v. Fotsch, 2010 BCCA 226. It described equitable set-off as being available provided that there is a relationship between the cross-obligations such that it would be unfair or inequitable to permit one to proceed… Read more

The Law of Partnership and Joint Venture

The Law of Partnership The requirements for establishing a partnership are set out in Blue Line Hockey Acquisition Co., Inc. v. Orca Bay Hockey Limited Partnership, 2008 BCSC 27 at paras. 35-56, afFd 2009 BCCA 34 I have quoted extensively from the judgement as it… Read more

Contingency Fee Agreement Not a Lottery

Contingency Fee Agreement -Not a Lottery Mide-Wilson v Hungerford Tomyn Lawrenson and Nichols 2013 BCSC 374 is a very interesting case relating to the intricacies of the “poor man’s key to the courtroom”, the contingency fee agreement is not a lottery for the lawyer. This… Read more

Consolidation For Trial of Separate Actions

Occasionally parties commence court actions relating to the same facts and issues, and the courts will under certain circumstances order that they be consolidated for trial and pre trial matters. Situations arise on occasion in litigation where one court action is commenced that has some… Read more

Expert Opinions In Records Are Generally Inadmissible Evidence

Expert opinions contained in the hospital records are generally inadmissible  Reid v Balcaen  2003 BCSC 1533, and Egli v Egli 2003 BCSC 1716. This is because hearsay evidence is not admissible for the truth of the contents unless it can be admitted by applying the… Read more

Judge Seeks To End Long Running Estate Trial of Thirty Court Actions

Long Running Estate Trial In a case he called “Ontario’s long running estate trial legal drama,” a Superior Court judge has declared a plaintiff who launched dozens of lawsuits in an estate dispute a vexatious litigant. The property at 140 Dunvegan Rd. in Toronto is… Read more

Introducing Fresh Evidence At An Appeal Hearing

Fresh evidence is not new evidence- fresh evidence existed at the time of the initial trial, but for various reasons could not be put before the court. New evidence is that which has become available subsequent to the trial, and is much harder to gain… Read more

Limitations Act -June 1.13

BC Limitations Act It is essential that each specific type of court action be brought within the time limits set by the statute of limitations, or the perspective claimant is “out of time”and barred from doing so. There are a number of substantial changes being… Read more

The Doctrine of Fraudulent Concealment Postpones a Limitation Period

The doctrine of fraudulent concealment  . . .  was succinctly articulated by Justice Dickson (as he then was) in Guerin v. Canada, [1984] 2 S.C.R. 335 at 390, 13 D.LR. (4th) 321: . . .  The fraudulent concealment necessary [to postpone a limitation period] need not amount to deceit… Read more